DIRECTORATE OF TECHNICAL EDUCATION,

CHENNAI-25.

Endorsement No.L.Dis. 37452lD6/2018. Dated: 25.10.2018

Sub: Administration Public Services Involvement of

Government servants in criminal cases which are in no
way connected with the discharge of their official duties -
Placing under Suspension - Amendment to guidelines -
Orders - lssued.

Ref: G.O.(Ms) No.120, Personnel and Administrative Reforms

(N) Department, Dated 30.08.2018.

Copy communicated.

Encl: As above

Sd/- M.Muthubalan
Assistant Director (Admin.)
To

The Principals of
1. All Govt. /Govt. Aided Engineering Colleges/
Polytechnic Colleges / Special Institutions
2. The Chief Engineer, Circle, Chennai
3. The Executive Engineers ,(All divisions)

Copy to:

1.C.T.E's Table
2. Additional Director (Exam),
3. Assistant Director (Admin.),.
4. P.A. to DTE,
5. All Unit Officers, DOTE
-l
6. The Technical Assistant (Evaluation;, requested to upload the Government
Computer Centre, DOTE letter mentioned in the reference cited.
7. All Superintendents, DOTE 2I in the DOTE Website
8. D6 Stock file

//Forwarded by order// \ Lq.

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 374 52

ABSTRAGT .S'
public Services - Involvement of Government servants in criminal cases
are in no way connected with the discharge of their official duties -
Suspension - Amendmenitrqgi,lidelines - Orders - lssued' f.+\:

G.O.(Ms) No.120 Dated: 30.08

o6lorrb0, 4,orarfl -
$lqDotdT(Dolfr

Read:

G.O. (Ms.) No.124, Personnel and Administrative Reforms (N)

DePartment, dated 22 -02.1983 -

.,

ORDER:

ln the Government Order read above, while emphasising the need and
circumstances for pursuing simultaneous departmental action, when the criminal
case for the officiai misconOuct of Government servant is pending in the Court of
Law, instructions were also issued in taking decision on initiation of departmental
disciplinary action and placing the Gover tment servants under suspension when a
pending.
criminal case which is in no wiy connected with the official duties, is

2. As the said instructions were issued in 1983, the disciplinary authorities

from various quarters raised doubt, as to whether it'is mandatory to place the
Government servants under suspension, while allegations / complaints are received
or First Information Report is filed for criminal offences alleged to have been
committed by them in private capacity.

3. As indicated in the Government Order read above, placing of Government

servants under suspension is to serve as a provision available to the disciplinary
authorities to be exercised within the scope of their discretion. A Government servant
should be placed under suspension only if his continuance in office will be clearly
detrimental to the public interest. The aspects to be borne in mind by the disciplinary
authority while exercising the discretionary power to place such Government
servanti under suspension would relate to the circumstance of the incident, nature of
complaint, gravity of offence, seriousness of the charge, stage of the criminal case,
etc' (P.T,o)
 -2-
4. The Government have examined the issue in detail and decided that pafa 2(i)
of the G.O.(Ms) No.124, Personnel and Administrative Reforms (N) Department,
dated 22.02.1983 shall be substituted with the following instruction and order
accordingly:-
'When a criminal case is filed solely on the criminal offence alleged to
have been committed by the Government selvant, which is in no way
connected with the discharge of his official duties, the disciplinary
authority may suspend such Government servant, by exercising the
discretionary power, only if his continuance in office will be clearly detrimental
to the public interest and in the circumstances which would really warrant
suspension, depending upon, the circumstance of the incident, nature of the
co g riousness of the charge, stage of the
ca O disposed of by the Court of Law, the
co a n against such delinquent officer either
qpder rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal)
RUles or under rule 9(1Xa) of the Tamil Nadu Pension Rules, 1978, as the
case may be."

Para 2(ii) of the G.O.(Ms) No.124, Personnel and Administrative Reforms (N)
Department, dated 22.02.1983, holds good, as it is.

5. All departments of Secretariat, Heads of Departments, Collectors, Boards,

Corporations, Public Sector Undertakings are requested to follow the above
instructions in future.
(BY ORDER OF THE GOVERNOR)

S.SWARNA,
SECRETARY TO GOVERNMENT

To
AllDepartments of Secretariat, Chennai-9.
AllHeads of Departments.
AllCollectors.
AllBoards / Corporations / Public Sector Undertakings'
Col?y to:-
Vigilance Commission, Ghennai-9.
Directorate of Vigilance and Anti-Corruption, Alandur, Chennai-16.
The Private Secretary to Secretary,
Personnel and Administrative Reforms Department, Chennai-9.
The Personnel and Administrative Reforms (L1,L2,L3 and AR-ll) Department,
Chennai-9.
The Law (P&AR-Scrutiny) Department, Chennai-9.
SC/SF

// Forwarded I By Order /l